Cyber security researcher | Programmer

  • 1 Post
  • 16 Comments
Joined 1 year ago
Cake day: July 1st, 2023
  • Dioxy@programming.devtoTechnology@lemmy.ml•Facebook turns over mother and daughter’s chat history to police resulting in abortion chargesEnglish
    102·
    1 year ago

    I had yet to read the article when commenting, here’s more details:

    The article:

    Court and police records show that police began investigating 17-year-old Celeste Burgess and her mother Jessica Burgess after receiving a tip-off that the pair had illegally buried a stillborn child given birth to prematurely by Celeste. The two women told detective Ben McBride of the Norfolk, Nebraska Police Division that they’d discussed the matter on Facebook Messenger, which prompted the state to issue Meta with a search warrant for their chat history and data including log-in timestamps and photos.

    From Motherboard (where you also can read court documents):

    The state’s case relies on evidence from the teenager’s private Facebook messages, obtained directly from Facebook by court order, which show the mother and daughter allegedly bought medication to induce abortion online, and then disposed of the body of the fetus.

    According to court records, Celeste Burgess, 17, and her mother, Jessica Burgess, bought medication called Pregnot designed to end pregnancy. Pregnot is a kit of mifepristone and misoprostol, which is often used to safely end pregnancy in the first trimester. In this case, Burgess was 28-weeks pregnant, which is later in pregnancy than mifepristone and misoprostol are recommended for use. It’s also later than Nebraska’s 20-week post-fertilization abortion ban, which makes allowances only if the pregnant person is at risk of death or “serious risk of substantial and irreversible physical impairment of a major bodily function.” (Nebraska’s abortion laws have not changed since Roe v Wade was overturned).

  • Dioxy@programming.devtoTechnology@lemmy.ml•Facebook turns over mother and daughter’s chat history to police resulting in abortion chargesEnglish
    1·
    1 year ago

    (Also not a Lawyer) I’m not familiar with the laws in Nebraska, but they wouldn’t be able to get the messages from Meta. They would need to get on the devices, but it seemed like the people charged themselves tipped off about using Messenger to the police. The only other way to get E2EE message from a device without consent is with the use of force.

    From the article:

    However, campaigners note that Meta always has to comply with legal requests for data, and that the company can only change this if it stops collecting that data in the first place. In the case of Celeste and Jessica Burgess, this would have meant making end-to-end encryption (E2EE) the default in Facebook Messenger. This would have meant that police would have had to gain access to the pair’s phones directly to read their chats. (E2EE is available in Messenger but has to be toggled on manually. It’s on by default in WhatsApp.)

    (…)

    However, private chat messages are only one component in a whole range of digital evidence that is likely to be used by police to prosecute illegal abortions in the United States. Investigators will be able to request access to many data sources, including digital health records, Google search history, text messages, and phone location data.